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SOLOW MANAGEMENT CORP. v. ARISTA RECORDS, INC.

41 A.D.3d 219 (2007)

838 N.Y.S.2d 517

SOLOW MANAGEMENT CORP., Appellant, v. ARISTA RECORDS, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided June 14, 2007.

Plaintiff landlord's argument is unpersuasive that defendant tenant's reliance on its leased-based restoration defense to the first cause of action is precluded by equitable estoppel and laches. Equitable estoppel requires a showing of detrimental reliance (see generally Kohman v Rochambeau Realty & Dev. Corp., 17 A.D.3d 151, 156 [2005]), and here, given the express language on restoration issues in article 34 (C) (3) (c) of...

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